06/10/1994
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Zëri i Popullit

6 October 1994

A JUST LAW CANNOT BE PASSED BY VIOLATING THE CONSTITUTIONAL LAW

TODAY, THE LAW ON REFERENDUMS WILL BE DISCUSSED IN PARLIAMENT UNDER AN ACCELERATED PROCEDURE Why the Socialist group voted against The President «put the PD’s national active leadership in a sack» After yesterday’s session of the Albanian Parliament, our editor Erion Braçe approached the Secretary General of the Socialist Party of Albania and MP Gramoz Ruçi, who spoke on behalf of the SP parliamentary group, to learn the reasons for the Socialist group’s opposing vote. Gramoz Ruçi: Before giving you these reasons, I would like to clarify some points and positions of the Socialist Party on this issue. 1. The Socialist Party has consistently maintained that a Constitution is necessary; it has therefore stated and insisted several times that Albania and the Albanians need a new democratic constitution. On this basis, it requested a question-and-answer session and interpellations with the special commission tasked with drafting the constitution. It also responded positively to the request for admission to the Council of Europe, convinced that this historically important step would have a positive effect on the drafting and adoption of the new constitution. 2. It has consistently supported consensus, proceeding from the good-faith belief that drafting a contemporary constitution would serve everyone’s interests. The Socialist Party has had [continues outside the frame] ... Our reasons will be expressed in the session ... would offer positive opportunities both within the country and for Albania’s integration into Europe, given that it would eliminate the process of the transition phase and its admission to the Council of Europe; the Socialist Party has called for parliamentary consensus among the main political forces on the fundamental ideas of the new constitution, has supported possible consensus on many issues in the relevant commission and through its members on it, and now declares that it is willing to examine, discuss and approve it by consensus in Parliament. In accordance with Article 16, point 2, of the law «On the Basic Constitutional Provisions», Parliament is the sole authority that approves, amends or repeals the Constitution and other laws. Such requests for round-table debate from the very beginning of the special commission’s work, to determine the pillars forming the core of the constitution, are not ... because of the importance of the issue, to delegate its legislative power to a body of a different composition elected by the people, as it would also be appropriate for the Assembly to decide that, after adopting the constitution, it should present it to the people so they can have their say through a referendum. Only parliamentary discussion and debate would determine the existing draft and make the people aware, so that they could express their views on the new positions. 4. In principle, the Socialist Party has believed, and will continue to believe, that a referendum as a democratic instrument enables voters to express themselves on acts of a legislative or administrative nature that are of particular importance; that it embodies the sovereignty of the people when constitutional bodies act in accordance with constitutional procedures, and when voters’ comments and suggestions can help bring about the fairest possible solutions to the issues being put to a vote. Thus, we support initiatives for referendums on concrete issues, but not on the principal constitutional law of a people and a state, especially since it is thought that ... (Continued on page 3) ...to choose their opinion, their known direction and opinion, and they evade direct and unrestrained positions, avoid responsibilities, duties and commitments, in order to achieve a specific objective by indirect means. Such methods are also called, in plain popular language, cunning: craftiness. Why do we describe as tricks the two proposed alternatives for approving the Constitution? To avoid any misunderstanding, I say that the issue is not the popular referendum in itself. No one questions the democratic nature of this form. But then anyone has the right to ask: why is proposal «No. 7 For one (of?) all the people, all for, are in favor of approving the same...» opposed? Because it is Parliament, as the sole legislative body, that drafted the constitutional draft and is competent to approve it. Good or bad, strong or weak, representative of many or few parties, this is the Parliament that has approved a large number of laws, including an entire chapter of the new Constitution, that on Human Liberties and Rights—laws for which no foreign legislation has reason to boast, let us say Berisha – Meksi – Arbnori. Why should this Parliament not be capable of approving the remaining parts, with the consensus of the two or three negotiations that followed the ... of the law? Why this sudden devaluation of this Parliament by the PD and the President, whom it has served so much? Here lies the first trick. «Because,» it is said, Parliament or the President should decide to approve the constitutional draft for discussion and adoption, and then, before that, a popular referendum should be held to give it greater legitimacy, a more popular character, in which the opinions of those parties and social groups not represented in Parliament would also be expressed. Why does the President not trust Parliament to call a popular referendum after it has itself first approved the constitutional draft? Is it not more lawful and more democratic to pass the draft through two filters? Here lies the second trick. «Because, regarding the draft submitted by Mr. Meksi and his parliamentary group to the Constitutional Commission, members of the Commission representing the Socialist Party, the Social Democratic Party and the human-rights [groups] have made numerous fundamental observations about its content in relation to the separation of powers, ...» (Continued on page 3) ...and appointed from above was nothing other than an openly anti-democratic act, whose essence was the sidelining of Parliament and allowing «his people» to act—an act that may perhaps have caused a fierce split among the parliamentary and extra-parliamentary political forces. The PD’s Aktivti [activist] was taken aback before President Sali Berisha’s message to the people, broadcast on television, in which he put forward the other option for public consideration: approving the Constitution by means of a Referendum. The PD Aktiv Committee did not believe it; everything was put in the sack and its mouth was tied shut. The PD leader Selami is in Strasbourg these days, and we still do not know his position, but as a party soldier, whether at the head or the end of its ranks, he will remain loyal to it. He knows his place well. After all, the President belongs to the Democratic Party and the Democratic Party is the President’s party. The President says Assembly; the Assembly, and the party too, says the same. The President changes his mind because the numbers do not add up and calls for a Referendum; this is what his Democratic Party also wants. Now the PD Secretary Tritan Shehu says that «on behalf of the PD, for ...» (Continued on page 3)

Attempted exodus in Durrës

For two days, as a result of rumours spreading in Durrës that ships of the fleet anchored in the port of Durrës «will transport refugees to various European countries», hundreds of young people from different districts of the country, mainly from Lushnjë, Fier, Elbasan, Berat, Tiranë, Kavajë, Krujë, Lezhë, etc., have been heading in groups towards this city in the hope of finding the promised «Eldorado». Although the rumour that had spread had no real basis, the newcomers remained so persistent that they were not deterred even by checks and interventions by the security forces. Indeed, the latter intervened by force, using violence and beating and mistreating those arriving in search of an exodus; some of them were also injured. Yesterday, until 2 a.m. the following morning, the Durrës police station, together with the rapid intervention forces, transported around 150–200 people in «IFA» trucks towards the city of Kavajë. From there they were sent on to their destinations. On Tuesday, around 6–7 a.m., about 100 other people were caught in police checks in the city of Durrës. They too were sent back. It is hardly surprising that attempts at exodus are being made, since the leaders of the party in power and of the PD declare that Albania has the highest rates of development in Eastern Europe. Ironically, it is precisely these high rates—and the «excellent economic situation»—that directly influence young Albanians in particular to seek to leave and go live in European countries. Today, following the strict measures taken by the security forces, the situation appears somewhat calmer. MIRELA NDINI

Ambassador Rajerson decorated

Yesterday, at a ceremony held at the Presidency with the participation of the President of the Republic, the Prime Minister, members of the government, MPs and the diplomatic corps accredited in Albania, the Ambassador of the United States of America to Albania, Mr William Rajerson, was awarded the Order of the Flag, First Class. The decoration was made at the request of Ambassador Rajerson, who is leaving Albania. Correspondent of «Zëri i popullit»

Good morning, Mr Pjetër! The European Parliament has sent another resolution

TIRANA Good morning, Mr Pjetër! The European Parliament has sent another resolution — The release of the six Greek minority members is demanded, along with an acceleration of democratization within the country to bring the legal framework into line with contemporary European democratic societies. According to reports from foreign news agencies last week, another resolution by the European Parliament concerning Albania had arrived on the official desks in Albania. It is the second resolution of this Parliament—the first [was] ... this time from 38 deputies belonging to left- and right-wing parties in various countries of the European democracies. It refers to current relations between the two neighbouring countries, Greece and Albania, as well as to the case of the six members of the Greek minority sentenced by the Tirana Court several weeks ago. It was precisely on the eve of their trial at the Court of A- (Continued on page 4) ... As far as the European Parliament is concerned, it calls on the Albanian Government to release immediately the six representatives of the Greek minority—placing it in a difficult position. But although this happened, since Friday last week, when the independent opposition press made the publication of this resolution known, official Tirana has not reacted directly to it, and everything has been accompanied by the grave silence of the official mass media, something that was clearly noticeable after the mutual attacks and the protests of the previous days in ... Nevertheless, official Tirana has not refrained from reacting sharply, albeit indirectly. It was Pjetër Arbnori—the head of the Albanian Parliament—who, over the weekend, from the podium of a meeting of the Democratic Youth Forum in Kukës, indirectly attacked particular aspects of...

THE TRICK USING THE NAME REFERENDUM

Within a span of twenty [unclear] over 40 days, in Albania—and among those around the world following political developments in Albania—we have become acquainted with two tricks concerning the approval of the Constitution. The first trick aimed to create a hybrid-type constituent assembly (members of Parliament plus a certain number of assembly members appointed by the President); the second, which in principle cancels [the first] and brings the popular referendum onto the stage, is the second trick. 1 October 1994: one thing is clear, that this is the trick that is desired ... Both these tricks are characterized by a ... (Continued on page 3)

IN BRIEF... FROM THE COUNTRY

IN BRIEF... FROM THE COUNTRY Tiranë: New painting exhibition. It bears the name of the nationwide Albanian association of painters. Visitors are viewing with interest the 60 works presented by 20 authors, members of this association. KRUJË. An unexpected incident has occurred. The bell of the Church of Shën-Ndout, one of the largest in Albania, valued at ten thousand dollars and known as a place of pilgrimage for the faithful, has been stolen from the police station warehouses in this district. The bell had previously been found in the hands of a gang of thieves. The warehouse keeper who had been entrusted with it has been arrested. LEZHË. Flooding again. The violent storm and heavy rainfall on Tuesday, which continued for more than three hours, caused flooding and considerable damage. Information received late yesterday put the affected land at around 2,000 [unit unclear], with damage to homes and warehouses. The railway embankment was badly damaged. Many schools did not hold classes. FROM THE WORLD MIDDLE EAST Israel and the PLO resumed talks in Cairo in an effort to resolve disagreements over plans for a Palestinian settlement. Palestinians have been promised elections, and the peace agreement between the PLO and Israel was signed a year ago. HUNGARY The new left-wing team that came to power in Hungary is publicly apologizing for the role played by Hungary during the Nazi Holocaust and for the persecution of Jews before the country was occupied by the Nazis in 1944. «The historical experience of these 50 years is sufficient for the Hungarian nation to apologize with sincerity and courage, as the Germans did immediately after the end of the war,» declared Hungarian Foreign Minister Kovac. RUSSIA An armed man on a motorcycle opened fire on a Russian deputy minister on Tuesday, as the latter was travelling in a car on a Moscow highway, Russian Interior Ministry sources report.

A DELEGATION OF THE SPA DEPARTED FOR HUNGARY

At the invitation of the Socialist Party of Hungary, a delegation of the SPA headed by its Deputy Chairman Ilir Meta, who is in charge of the SPA’s foreign relations, departed for Hungary yesterday. It will take part in the proceedings of the fourth congress of the Socialist Party of Hungary. Press and Information Office of the SP